[2002] KECA 68 (KLR)
The court exercised its discretion to extend the time for filing an appeal, noting that the state did not oppose the application and that the applicant potentially had an arguable appeal. The notice of appeal filed by the applicant was validated, and the Registry was directed to prepare the record of appeal. The...
Source-derived case information.
- Citation
- [2002] KECA 68 (KLR)
- Parties
- Applicant: Andrea Roburie Endonga; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 46 of 2002
- Procedural Posture
- Criminal Application / Application for Extension of Time to Appeal Out of Time
- Outcome
- Application allowed. Time extended to validate the notice of appeal.
- Legal Topics
- Extension of Time, Appeals Process, Conviction and Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Andrea Roburie Endonga
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Application for Extension of Time to Appeal Out of Time
Legal Issues
- 1 Whether the applicant should be granted an extension of time to file an appeal out of time against conviction and sentence.
- 2 Whether the notice of appeal filed by the applicant should be validated.
Ratio Decidendi
The court exercised its discretion to extend the time for filing an appeal, noting that the state did not oppose the application and that the applicant potentially had an arguable appeal. The notice of appeal filed by the applicant was validated, and the Registry was directed to prepare the record of appeal. The decision was based on the interests of justice and the absence of opposition from the respondent.
Court Disposition
Application allowed. Time extended to validate the notice of appeal.
Orders
- Time for filing appeal extended to validate the notice of appeal filed on 24th April, 2001.
- Registry to prepare the record of appeal.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT NYERI
CORAM: SHAH, J.A. (IN CHAMBERS)
CRIMINAL APPLICATION NO. NAI. 46 OF 2002 (NYR. 3 /2002
ANDREA ROBURIE ENDONGA……………………………………APPLICANT
AND
REPUBLIC…………………………………………………………..RESPONDENT
(Application for extension of time to appeal out of time in an
intended appeal from a judgment of the High Court of Kenya at
Nyeri (Mitey, J) dated 3
rd
December, 2001
in
H.C.CR.A. NO. 448 OF 2000)
******************
R U L I N G The applicant wishes to appeal against conviction and sentence. He was convicted of the offences of rape and causing grievous harm. The state is not opposing. It is possible the applicant has an arguable appeal. The notice of appeal was filed by the applicant on 24th April, 2001. I extend time so as to validate that notice of appeal. Let the Registry prepare the record of appeal.
Dated and delivered at Nyeri this 29 th day of October, 2002. A.B. SHAH …………………….. JUDGE OF APPEAL I certify that this is a true copy of the original. DEPUTY REGISTRAR.